What is the test for returning a child to his mother?

New Brunswick, Canada


The following excerpt is from Applicant v C. R.-A. M., 2022 NBQB 65 (CanLII):

As to the second element, the Minister must demonstrate, on a balance of probabilities, that it is not safe to return the children to their mother considering the best interests of the children. In Minister of Social Development v. S.M. and J.C., supra, I stated at para. 26 as follows:

Other Questions


What is the case law on the basis of a mother’s argument that a child is entitled to a reduction in the amount of child support if she stops working? (New Brunswick, Canada)
What factors will the court consider in determining whether the mother of the child should continue to have access to the child? (New Brunswick, Canada)
What is the purpose and obligation of the Court of Arbitration for Human Rights in Canada to return a child who has been wrongfully removed or retained to the country of habitual residence? (New Brunswick, Canada)
What is the role of the mother in establishing a relationship with the child's primary caregiver? (New Brunswick, Canada)
What is the test for establishing that a child is still a child of the marriage when they are 18 years old? (New Brunswick, Canada)
What is the test for a waiver of child support? (New Brunswick, Canada)
In what circumstances will the court impute income for the purposes of determining child support? (New Brunswick, Canada)
What is the "best interest" of the access parent in accessing a child? (New Brunswick, Canada)
What is the impact of a father’s actions at a child support hearing on access? (New Brunswick, Canada)
What is the test for undue hardship in child support? (New Brunswick, Canada)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.